Across all briefings, a consistent message emerged: progress has been made, but systemic delays, institutional coordination challenges, and legal bottlenecks continue to hamper the timely resolution of corruption cases.

SIU Reports on Thousands of Referrals but Highlights Tracking Challenges

The SIU, mandated to investigate maladministration and corruption in state institutions, reported that it had referred 3,374 criminal matters to the NPA between April 2020 and May 2025. These referrals span local, provincial and national government departments, as well as numerous state-owned entities.

The unit emphasised that each referral represents a person or legal entity, not necessarily an individual case docket. This has led to difficulties reconciling figures with the NPA, which clusters individuals and entities into broader cases.

To address this, the SIU has developed a Case Monitoring Mechanism in collaboration with the Presidency and State Information Technology Agency (SITA). The new digital platform went live in April 2025 and aims to create a unified system for tracking referrals, standardising case references, and reporting progress across institutions. The pilot phase covers referrals to the North Gauteng office of the NPA and will be evaluated in July for national rollout.

The SIU confirmed that the offences under referral include corruption, fraud, money laundering, public finance violations, and misconduct related to procurement during the COVID-19 pandemic.

Hawks Outline Ongoing Investigations Involving Billions in State Funds

Major General M. Makinyane of the Hawks told SCOPA that his unit is managing 355 dockets arising from SIU referrals, representing investigations involving a wide array of departments and public entities.

Out of these:

• 72 cases have resulted in guilty verdicts
• 96 are before court
• 201 are under active investigation
• 58 await prosecutorial decision

The Hawks disclosed significant financial implications, with billions of rand potentially lost or misappropriated across key sectors. Notable figures include:

• Over R126 billion under investigation within the Department of Basic Education
• Nearly R738 million related to the Department of Water and Sanitation
• Around R437 billion involving municipalities

COVID-19 procurement fraud remains a substantial focus. Of 93 pandemic-related cases, 22 are before court with 73 accused (48 individuals and 25 corporate entities). Another 59 cases are still under investigation.

The National Lotteries Commission (NLC) is also under scrutiny. Eight SIU referrals have resulted in seven active dockets and one court case involving questionable funding to non-profit entities.

NPA Reports on Prosecutions, Challenges, and High-Profile Cases

The NPA, represented by its Specialised Commercial Crime Unit (SCCU), IDAC and the Asset Forfeiture Unit (AFU), outlined the prosecution pipeline stemming from SIU referrals.

Key Highlights:

• 81 convictions in COVID-19-related prosecutions, many processed through the Fusion Centre
• 26 dockets under active investigation involving the NLC
• Major corruption trials stemming from State Capture Commission recommendations, including Transnet, Bosasa, and Estina Dairy Project

Several high-profile individuals, such as former Transnet CEO Brian Molefe, former CFO Anoj Singh, and former MP Vincent Smith, are either on trial or facing future court dates. The NPA noted, however, that some trials have been delayed by complex pre-trial motions or Section 342A inquiries, risking further postponements or even permanent stays of prosecution if not resolved efficiently.

Asset Forfeiture: Billions Frozen or Recovered, but Legal Opposition Mounts

The Asset Forfeiture Unit presented an assertive recovery record, reporting:

• 86 confiscation or forfeiture orders, totalling R4.784 billion
• 124 preservation orders, worth R12.6 billion
• Total recoveries to date of R4.3 billion

These include:

• R2.55 billion recovered from ABB in connection with Eskom contracts
• R480 million from settlements in the Tegeta/Optimum Colliery saga
• R1.115 billion from the McKinsey consultancy settlement
• Various preservation and restraint orders against assets linked to PRASA, Ethekwini Municipality, Denel, and others

The AFU stressed that while asset recovery is accelerating, many cases are heavily contested in court. For example, multiple preservation orders related to Lottery funding have been subjected to prolonged legal opposition.

The AFU also recommended possible legislative reform to the SIU Act, which currently channels all referrals through the NPA rather than directly to investigating authorities, thus adding procedural delays.

Despite the complexity and obstacles involved, the coordinated presentations painted a picture of a criminal justice system that is attempting to recalibrate itself in response to the sprawling legacy of State Capture. SCOPA was urged to continue its oversight, particularly regarding the Case Monitoring Mechanism and broader institutional coordination.

All agencies agreed on the need for sustained collaboration, policy reform, and adequate resourcing to maintain momentum in the fight against corruption. With several high-profile cases moving to trial in late 2025 and early 2026, South Africa’s legal and accountability frameworks are entering a decisive phase in their response to past public sector malfeasance.

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In papers filed at the Gauteng High Court in Pretoria on 9 May, Open Secrets singled out PRASA contracts with Siyangena Technologies and with Swifambo Rail Leasing, involving billions of rands. Complaints against these companies were first filed in 2015.

Open Secrets asks the Court to direct the police’s Directorate for Priority Crime Investigations (the Hawks) to complete their investigations into PRASA, and to direct the NPA to either prosecute the cases or not.

In the founding affidavit, Open Secrets director Hennie van Vuuren says: “The Supreme Court of Appeal (SCA) reviewed the decisions to award these contracts to Siyangena and Swifambo, respectively, and set aside both contracts as irregular, tainted by corruption.”

Van Vuuren says it has been more than nine years since criminal complaints related to these contracts were filed, yet no one has been held accountable, contrary to the recommendations of the Zondo Commission.

He says the NPA claims it is waiting for the Hawks’ investigations, while the Hawks say they need guidance from the NPA. “This buck-passing has birthed an apparent paralysis that flouts the rule of law,” he argues.

In the Zondo Commission’s final report on PRASA, released in 2022, Chief Justice Raymond Zondo stated: “It is quite worrying that many years after complaints were laid with the Hawks, nobody has been charged.”

Zondo said he believed there was more to be uncovered at PRASA and recommended a special commission of inquiry to examine why PRASA was “allowed to slide into almost total ruin”, who benefitted from this, and who should be held responsible.

One of the people alleged to have benefitted was Lucky Montana, PRASA Group CEO from 2010 to 2015.

Van Vuuren points out that both Montana and former PRASA board chair Sfiso Buthelezi, who was also fingered in the Zondo Commission, represent the Mkhonto weSizwe (MK) party as Members of Parliament.

GroundUp has reported that MK MPs have pushed back against investigations into PRASA.

The respondents — the Hawks, the NPA, and PRASA — have been given 15 days to file opposing papers.

Open Secrets, represented by law firm Power and Associates, wants the costs of the application to be borne by the Hawks and the NPA.

This article was republished, with permission, from GroundUp, the original article can be found here.

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This follows the arrest of 224 suspects for rape, and five suspects for attempted rape between 5 and 11 May 2025.

Briefing the media on the outcomes of the Cabinet meeting held on Wednesday, Minister in The Presidency, Khumbudzo Ntshavheni, highlighted that amongst those arrested on allegations of rape, included a SAPS trainer, a traditional leader (Inkosi) from KwaZulu-Natal, and a 15-year-old boy in Mpumalanga.

“Additionally, 148 suspects were arrested for attempted murder, 256 suspects were arrested for dealing in drugs, 2 841 suspects were arrested for being in possession of drugs and 86 hijacked and stolen vehicles were recovered. Furthermore, 74 explosives mostly used in illegal mining and cash in transit robberies were seized by North West police,” Ntshavheni said.

Ntshavheni also noted that the SAPS operations to remove illegal firearms to ensure safer communities, has been intensified throughout the country, with over 100 firearms seized in the past week alone.

Inquiry into TRC cases welcomed

Cabinet has also commended the establishment of a Judicial Commission of Inquiry to establish whether attempts were made to prevent the investigation or prosecution of apartheid-era crimes referred by the Truth and Reconciliation Commission (TRC) to the National Prosecuting Authority (NPA).

The establishment of the Commission of Inquiry follows a legal settlement reached in a court application brought by families of victims of apartheid-era crimes.

“Through this Commission, President Cyril Ramaphosa is determined that the true facts be established and the matter brought to finality,” Ntshavheni said.

The South African Truth and Reconciliation Commission, established under the Promotion of National Unity and Reconciliation Act (Act No. 34 of 1995), was set up by the Government of National Unity to help deal with what happened under apartheid.

The conflict during this period resulted in violence and human rights abuses from all sides, and no section of society escaped these abuses.

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The Deputy Minister delivered remarks at the graduation ceremony of the 300 budding prosecutors, some of whom will now join the NPA following their graduation.

“As prosecutors, you are legal professionals. However, you are also much more. You are our modern-day Consuls, defenders of our Republic, guardians of justice and the rule of law, lawyers of the people. You ensure that justice is not only done – but seen to be done – and felt to be done by people in their daily lives.

“However, justice is not only served by convictions but through due process and the rule of law, through people having an opportunity to defend themselves – and to be represented in court. Prosecutors are not persecutors. They must be amongst the foremost defenders of the Constitution and the rule of law, by discharging their duties without fear, favour or prejudice,” Nel said.

The programme is run for a year, following which, competent candidates are appointed as entry-level prosecutors providing support for the NPA in South Africa’s lower courts.

Nel told the aspiring defenders of the Constitution that while discharging their duties to the fullest, it is important to remember that “people are not dockets”.

“[You] as lawyers for the people must ensure that the rights of victims of crime are respected and upheld, that victims and their families, especially the vulnerable, are treated with respect and dignity by the criminal justice system.

“Our criminal justice system must never be a source of secondary victimisation. This places an enormous responsibility on you. Remember that people are not dockets, and dockets are not people,” he said.

The Deputy Minister encouraged the young lawyers to conduct themselves ethically as society has placed on them a responsibility to seek “justice and redress for wrongs committed against them, and the society that they form part of”.

“If citizens lose confidence in the power, the capacity, and the will of the State to discharge this duty, they will take justice into their own hands. In time this will result in the replacement of the rule of law by the rule of might – the law of an eye for an eye, the war of all against all.

“For this reason, you must conduct yourselves in the most exemplary manner possible. You must always uphold the highest ethical standards, both in your professional and your personal lives,” Nel said.

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NPA Mpumalanga Regional spokesperson Monica Nyuswa said the money is allegedly linked to intentions to commit or proceeds from “massive alleged illegal coal mining” in the province’s Carolina area.

“On 2 December 2024 the SA-FIC, in collaboration with their Nam-FIC counterparts, obtained a Namibian FIC temporary freeze upon the funds of Jacobus Hosea Jordaan and his wife Elza Jordaan… to the value of R50 205 872.

“On 30 December 2024 the Nam PG’s office managed to obtain a Preservation of Property order in the Namibian High Court, Windhoek in respect of the abovementioned R50 205 872 on the basis that the money… represents the proceeds of, and/or was used as instrumentalities, to commit the abovementioned massive alleged illegal coal mining and other offences, including money laundering in the Carolina area,” she said.

Nyuswa added that last week, a second preservation of property order was granted to the value of R2 285 500 in the Namibian High Court “in respect of two further Namibian bank accounts in the name of Reinet Binneman,” the sister of Elza Jordaan.

“Jacobus Jordaan and his wife Elza Jordaan are among the main accused in the Carolina illegal coal mining case that was transferred to the Mbombela High Court on 6 December 2024 to November 2025 for trial.

“The illegal financial benefit obtained by the accused from the illegal coal mining and other offences in Mpumalanga allegedly amounts to at least R2 billion,” Nyuswa explained.

She described cooperation between the two countries’ law enforcement officials as “remarkable”.

“There was remarkable cooperation and hard work during the December festive season between the abovementioned Namibian and the South African law enforcement agencies to obtain the abovementioned Namibian High Court seizure orders.

“Both Namibia and South Africa were grey listed a few years ago by the Financial Action Task Force (FATF) for, amongst others, failing to sufficiently combat money laundering. The abovementioned two Namibian seizure orders will assist enormously in getting both countries off the FATF grey list,” she said.

The dedication, enthusiasm and commitment of the abovementioned law enforcement agencies also make a huge difference in combating transnational crime in the two countries.

Digging in

Nyuswa said that as early as November 2023, police and law enforcement had already pounced on alleged illegal mining activities in the Carolina – leading to arrests and seizures of property.

“On 15 November 2023 the NPA AFU in Mpumalanga, in collaboration with a special illegal mining unit in the [SAPS], obtained provisional preservation of property order in the Mbombela High Court upon, amongst others, a farm in the Carolina district, stockpiles/heaps of coal in two separate areas, heavy duty mining machinery, equipment and motor vehicles as well as the washing plant machinery and all movable buildings, machines, equipment and motor vehicles used at Droog Valley farm Barrel Coal Processing and Washing Plant near Carolina, Mpumalanga area.

“The assets were seized on the basis that it was, on reasonable grounds, believed to be, used as instrumentalities to commit various illegal large-scale coal mining and environmental offences at the farm in the Carolina area, and/or that the assets are reasonable grounds to believe the proceeds of unlawful activities, and/or represents the proceeds of unlawful activities, namely the large-scale illegal coal mining and environmental offences.

“It was the largest seizure of its kind ever in South Africa,” Nyuswa said.

A further provisional restraint of property order was granted to law enforcement against assets to the value of some R1 billion.

“Jacobus and his wife, Elza Jordaan, and 15 other persons and companies are currently standing trial in the Mbombela High Court for multiple offences, Including illegal coal mining, environmental offences, theft, corruption, money laundering etc.

“Their criminal trial was postponed to the Middelburg High Court for trial from 3 to 28 November 2025,” she added.

The spokesperson said the prosecutorial body remains committed to supporting the work of law enforcement agencies in rooting out criminality.

“Illegal mining activities, coupled with money laundering, in South Africa, are a huge concern for the government, as also pronounced by the State President who last year deployed the South African Defence Force to assist the SAPS in eradicating the illegal mining activities and syndicates.

“Illegal mining amounts to the plundering of the most valuable natural resources of South Africa to the detriment of the fiscus and the broader public. It also destroys the beautiful South African natural environment and bona fide farming activities.

“The NPA is committed to assisting the SAPS, the South African government, and governments of foreign jurisdictions to eradicate this scourge of illegal mining and money laundering activities,” Nyuswa concluded

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Successful prosecutions are nowhere near the number of investigations, Democratic Alliance (DA) National Assembly (NA) Member of Parliament (MP) Damien Klopper found by way of November questions asked of Police Minister Senzo Mchunu and his Cabinet colleague responsible for the Justice and Constitutional Development portfolio (at that time Thembi Simelane).

Mchunu told Klopper 2 679 cybercrime cases were reported and opened in the 2022/23 and 2023/24 financial terms. 2 652 cases were investigated in this time, but only 33 referrals were made to the National Prosecuting Authority (NPA) in 2022/23 and a total of 50 cybercrime cases were referred to the NPA in the 2023/24 financial year.

Four days after Simelane’s reply to Klopper was made public by the Parliamentary Monitoring Group (PMG) she was moved to the Human Settlements portfolio in a mini-Cabinet reshuffle. President Cyril Ramaphosa shifted Mmamoloko Kubayi from Human Settlements to Justice and Constitutional Development on 3 December. Klopper’s question, as per the Parliamentary Monitoring Group (PMG) was responded to on 29 November when Simelane was still responsible for the Justice and Constitutional Development portfolio.

Klopper’s follow-up question to Justice and Constitutional Development brought to light the NPA “only recorded the numbers of convictions manually and did not keep record of the specific crimes in each of these cases, for both the 2022/23 and 2023/24 financial years. The details of these cases are thus not readily available”.

There was, however, some information for the Mpumalanga public representative thanks to the NPA’s electronic case management system (ECMS).

What it did provide was offences recorded for the two financial terms. They are possession of child pornography (five); cyber uttering (two); “disclosure of message of intimate nature” (four); obstructing a search warrant authorised police officer/investigator (two); giving false information under oath (one); inciting damage to property or violence with a data message (one); an unlawful acquisition, possession, provision, receipt or use of password, access code or similar data or device, (one).

The NPA had, at the time of answering, 37 cases involving cybercrime on court rolls nationally in respect of 88 charges under the Cyber Crimes Act of 2020.

Unlawful acquisition, possession, provision, receipt or use of password, access code or similar data or device tops the list with 36 charges, followed by cyber fraud (24).

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Prosecutorial independence is more than an abstract legal concept – it is fundamental to the integrity of a fair justice system. Without it, prosecutorial decisions can be swayed by political or personal interests, turning the law into a tool for the powerful. When this happens, corruption flourishes and public trust wanes, leading to widespread lawlessness – conditions all too familiar in South Africa.

Globally, prosecutorial independence is a widely recognised standard. The United Nations’ Guidelines on the Role of Prosecutors (1990) and the International Association of Prosecutors’ Standards of Professional Responsibility (1999) both stress that prosecutors must be free from political influence to serve justice effectively.

The Jakarta Statement on Principles for Anti-Corruption Agencies and the accompanying Colombo Commentary highlight the importance of financial autonomy for bodies like the NPA. Without control over their budgets and personnel decisions, these institutions are vulnerable to manipulation and control by external forces.

South Africa’s recent history is a powerful reminder of the dangers posed by a compromised prosecutorial system. The state capture era exposed the devastating consequences of executive interference in prosecutorial decisions. As key government institutions were undermined, the NPA struggled to hold those responsible for corruption to account, and to prosecute crime generally.

The importance of prosecutorial independence is most obvious in the fight against graft. Political or ‘grand’ corruption, affects entire institutions and societies, crippling governance and economic wellbeing. When unchecked, corruption siphons off resources meant to improve public services that are vital for development like healthcare, education and essential infrastructure.

South Africa’s Constitution and the NPA’s founding legislation dictate that the prosecuting authority must exercise its functions ‘without fear, favour or prejudice.’ These protections should shield the NPA from interference, but political meddling has repeatedly undermined its ability to function impartially.

Attempts to prevent the prosecution of high-profile figures such as former police commissioner Jackie Selebi and former president Jacob Zuma were ultimately thwarted by an independent judiciary and civil society efforts. However, the state capture period showed that these victories were far from sufficient. The Selebi matter led to the dismissal of then National Director of Public Prosecutions (NDPP) Vusi Pikoli in 2009, and Zuma’s corruption trial still isn’t underway.

Despite constitutional and legislative protections, the NPA’s relationship with the executive – specifically its financial and administrative dependence – has left it exposed to interference.

The NPA’s funding arrangement is a crucial factor undermining its independence. Rather than receiving its budget directly from Parliament, the NPA relies on the justice department, with the department’s director-general acting as the accounting officer for the NPA’s budget. This creates a structural weakness, as the NPA’s financial wellbeing depends on another government entity.

The justice department’s director-general also controls many of the NPA’s human resources decisions, including key appointments, promotions and creating essential posts. While some powers have been delegated to the NPA, these can be unilaterally revoked, compromising the prosecutorial authority’s operational independence.

This setup contradicts international standards. Both the Jakarta Principles and the Colombo Commentary emphasise the need for financial and operational autonomy in prosecutorial bodies.

Another major obstacle is the executive’s power over key NPA appointments. The president appoints the NDPP, deputy national directors and provincial heads. The justice minister has the final say over appointing hundreds of Deputy Directors of Public Prosecutions – positions that wield significant authority. The justice minister can also veto the NPA’s requests for external expertise, such as forensic accountants, making it hard for the NPA to nimbly pursue complex cases.

At best, this system creates bureaucratic bottlenecks and uncertainty for the NPA’s leadership. At worst, it gives the executive undue power to obstruct or undermine prosecutorial efforts, particularly when investigations threaten political elites. Either way, the NPA’s ability to function independently is seriously compromised.

Unbridled prosecutorial independence is not a cure-all. As a public institution, the NPA must balance independence with accountability. Prosecutors should not be free from lawful oversight or immune to checks on their conduct. The NPA has made significant strides in this regard, launching an Office for Ethics and Accountability to promote integrity and good governance.

The NPA regularly briefs Parliament and civil society on its performance and use of public funds. Moreover, the justice minister has statutory authority to exercise ‘final responsibility’ over the NPA, albeit not regarding decisions to prosecute or not to prosecute, which are made by the national and provincial directors of prosecutions.

Since 2002, the Office of the Auditor-General has called for the NPA’s financial independence. In his 2011 budget speech, then justice minister Jeff Radebe announced planned legislation to ‘delink’ the NPA from the justice department. For 15 years, numerous bills on strengthening the NPA’s operational independence have been drafted, but none have reached Parliament.

Following the Zondo state capture commission’s 2022 recommendations, President Cyril Ramaphosa pledged to introduce reforms that would enhance transparency in the appointment of the NDPP and address the NPA’s financial and administrative independence. Yet, in November 2023, the Portfolio Committee on Justice and Correctional Services expressed frustration over the lack of progress, urging the justice minister to introduce legislation by January 2025.

The commitments have been made. The president, justice ministry and Parliament all recognise the need to strengthen the NPA’s independence. The Zondo Commission underscores the critical importance of an independent prosecuting authority in preventing future state capture.

It is time for action. South Africa’s new government has the opportunity to do what previous administrations could not – secure the NPA’s financial and operational independence, free from executive control. The future of the justice system and the country’s democracy depends on it.

Written by Martin Schönteich, ISS Consultant and former prosecutor.

Republished with permission from ISS Africa. The original article can be found here.

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The Pretoria Specialised Commercial Crime Court postponed the case on Tuesday for disclosure and for it be transferred to the Pretoria Regional Court.

The state was ordered to disclose an outstanding document to one of the defence attorneys by 17 May.

Phahlane, Lieutenant-Colonel Godfrey Mahwayi,  Major-General Maanda Obert Nemutandzhela, Major-General Mankosana Agnes Makhele and businessmen Inbanathan Kistiah and Avendra Naidoo are facing charges of fraud, corruption, theft and contravention of the Public Finance Management Act (PFMA) relating to two contracts valued at approximately R54 million.

Investigating Directorate spokesperson Henry Mamothame said the court appearance emanated from incidents in October 2015, when university students embarked on the #FeesMustFall protests, with police dispatched to stabilise the violent unrest.

“It is alleged that on 21 December 2016, the South African Police Service (SAPS) Crime Intelligence Division embarked on an emergency procurement of software tools or systems. One of the software, RIPJAR, was intended to collect and monitor information from social media platforms on the instigators of the student protests.”

“It however emerged that these “emergency” response measures came about in December 2016 when the protest had started in October 2015. Furthermore, they allegedly attempted to purchase RIPJAR software from a company that was not involved in software engineering, but was a security alarms and surveillance cameras company.”

“It further emerged that the owners of the competing companies were friends, who in fact and in truth were involved in cover quoting. The cover quoting was supplied to Inbanathan Kistiah by the former husband of the sole director of a company called Perfect Source, which was a human resource recruitment company,” he said.

Mamothame said another mobile communication encryption software known as Daedalus, which was solely used for encrypting calls and wiping out cellphone records and messages, was procured through deviation from standard procurement processes, with the contract signed on the same day and payment made on December 22, a day after approval.

“The software was also used to encrypt voice calls made by SAPS management at the time when Phahlane was under investigation by IPID for the “Blue Lights” police tender and other irregular procurement at the time he was acting police commissioner,” he said.

All accused are out on bail.

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National Director of public prosecutions Advocate Shamila Batohi said the NPA has taken steps to request political intervention from the Presidency and had briefed Mashatile on the matter ahead of his working visit to the UAE this week.

“We’ve decided, as the NPA, that we needed the president of this country to intervene with the ruler of the UAE because we realised that unless there isn’t that strong political push in the UAE, we’re going to struggle with this matter.”

“Mutual legal assistance, ultimately, it depends on political will and if the leaders in a country do not want to cooperate with you, there’s no way you can get that cooperation.

“What we hope the DP (Mashatile) will be able to do – we have briefed him fully – is really to get the commitment from the rulers of the UAE at the highest level, for them to understand the importance of these cases to South Africa and for them to get the commitment at the highest level that the UAE will support South Africa in our requests,” she said.

Batohi explained that the NPA was battling to establish the reasons why its request to the UAE was rejected a year ago.

“We have been trying very hard to find out some very basic things like what exactly [is] the problem with our extradition request. We’ve not had satisfactory responses from the UAE.”

“We’ve been trying to set up a meeting with the national director and the head of the prosecuting authority in the UAE in order for us to understand this. We’ve not been able to schedule that meeting for months,” she said.

The NPA wants the Guptas back in South Africa to face charges for fraud and money laundering related to state capture.

In September 2023, the Department of Justice and Correctional Services in a statement said it was requested to resubmit a new extradition request.

Last April the UAE rejected South Africa’s extradition request for the brothers, stating that  it “inconsistent with article 17 of the United Nations Convention Against Corruption, to which both nations are a signatory”.

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The Newcastle Regional Court sentenced Boitumelo Mathabatha and MacDonald Ndlovu on Monday after they were found guilty of theft of crude oil and tampering or damaging essential infrastructure.

The crude oil was valued at R400000.

National Prosecuting Authority regional spokesperson Natasha Ramkisson-Kara said police were notified of an abandoned truck found in a field in Newcastle on 20 July 2021.

“The truck was empty but the keys were in the ignition and there were two trailers attached to the truck. There was a fuel pipe attached to the truck and a fresh hole in the ground next to the truck. It was discovered that the tankers were filled with crude oil that the accused had accessed by digging into an extensive underground pipeline belonging to Transnet.”

“The accused had hired the truck and the driver to carry out their plans. Once the hired driver realised that they were stealing, he notified his employer (the truck owner) and Mathabatha and Ndlovu were arrested,” she said.

State prosecutor Advocate Kogi Ramkilawon led the truck driver’s and truck owner’s evidence in court. “Cellphone evidence proved vital for the state in this matter as it linked the accused directly to the crime. In aggravation of the sentence, Ramkilawon told the court that the offence was a premeditated one and was likely linked to a syndicate operation. She said that damage to infrastructure has a huge impact on the country,” said Ramkisson-Kara.

Ramkilawon also led the evidence of a Bidvest manager, who assisted Transnet with security.

“In his testimony, the man said that it costs several million rands to repair damaged essential infrastructure. He added that it takes the soil about 20 years to recover from crude oil spillages,” said Ramkisson-Kara.

She said Mathabatha and MacDonald were sentenced to 12 years imprisonment for theft and 15 years imprisonment for tampering and damaging essential infrastructure.

“Since the sentences will run concurrently, they will serve an effective sentence of 15 years imprisonment. They were also declared unfit to possess a firearm. In addition to the sentence, the Asset Forfeiture Unit of the NPA was granted a preservation order for an amount of approximately R49000 in cash and a Toyota Fortuner,” said Ramkisson-Kara.

The Director of Public Prosecutions in KwaZulu-Natal, Advocate Elaine Harrison said: “The damaging and theft of fuel from the fuel pipeline causes major financial losses to the economy. Every successful prosecution is indicative of law enforcement agencies addressing the issue. We will continue to vigorously address this crime to ensure that more cases are investigated and successfully prosecuted.”

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